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People v. Mayfield1/2/1997
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When asked to categorize his death penalty views, Jones stated they belonged in category C, which is a person who "neither favors nor opposes the death penalty." Under further questioning, however, he said that he did not think the death penalty acted as a deterrent to crime, that he would not automatically impose the death penalty, and that he would "automatically reject the death penalty." Asked whether he was sure he understood the question, Jones replied: "o me I would say maybe life in prison without the possibility of parole would be better than death."
Questioned further about his views on the death penalty, Jones replied: "I really have none as far as me saying I'm for it or against it. I don't have an opinion about it. I don't have any feelings about it, because I've never really thought that much about it." From these responses, the prosecutor might well conclude that Jones should be excluded as an actual or potential death penalty skeptic.
During the general voir dire, defense counsel questioned Jones as follows:
"Have you ever found a law that you didn't like?
"No.
"What about the 55 mile an hour speed limit?
"Didn't bother me any.
"Did you go 55?
"No.
"So there was a law you were willing to ignore?
"Yeah.
"In this courtroom, you're not going to be able to ignore the Judge's law. If he says it's 55 it's 55.
"I understand that."
We question whether these responses, by themselves, would provide adequate basis for a challenge for cause. But, when considered in conjunction with the equivocal answers about death penalty views, they might legitimately lead the prosecutor to conclude that there was an unacceptable risk that Jones would not follow the instructions at the penalty phase.
4. Conclusion
We conclude that the record, as illuminated by the prosecutor's stated reasons for the peremptory challenges, suggests race-neutral grounds upon which the prosecutor might reasonably have challenged each of the three jurors in question. Accordingly, substantial evidence supports the trial court's determination that defendant had not established a prima facie case of discriminatory use of peremptory challenges.
B. Exclusion for Death Penalty Views
Defendant contends that the trial court erred in sustaining the prosecution's "for cause" challenges to two prospective jurors based on their death penalty views, and that this error violated defendant's right to an impartial jury under the Sixth and Fourteenth Amendments to the federal Constitution and article I, section 16, of the California Constitution.
The trial court may excuse for cause a prospective juror who expresses death penalty views on voir dire that "would 'prevent or substantially impair' the performance of the juror's duties as defined by the court's instructions and the juror's oath." ( People v. Crittenden (1994) 9 Cal. 4th 83, 121 [36 Cal. Rptr. 2d 474, 885 P.2d 887], quoting Wainwright v. Witt (1985) 469 U.S. 412, 424 [83 L. Ed. 2d 841, 851-852, 105 S. Ct. 844].) On appeal, we will uphold the trial court's ruling if it is fairly supported by the record, accepting as binding the trial court's determination as to the prospective juror's true state of mind when the prospective juror has made statements that are conflicting or ambiguous. ( People v. Crittenden, (supra) , 9 Cal. 4th 83, 122; People v. Mincey (1992) 2 Cal. 4th 408, 456-457 [6 Cal. Rptr. 2d 822, 827 P.2d 388].)
Defendant urges us not to accord the trial court's ruling the deference to which it would normally be enti
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